House committee substitute makes the following changes to the 1st edition:

Revises sub-subdivision (3)b. to confer qualified civil immunity from liability for the North Carolina Rate Bureau when erroneous information is released pursuant to that sub-subdivision. Removes claims, business ratings, and premiums from the specified data requested by GBICC that must be released by the NC Rate Bureau.

House committee substitute makes the following changes to the 2nd edition.

Changes the long title.

Deletes the provisions of the 2nd edition in their entirety and provides for the following:

Directs the Joint Legislative Oversight Committee on Health and Human Services to create a new subcommittee to study whether certified nurse midwives should be given more flexibility in the practice of midwifery. The Chair of the Committee will appoint members to the subcommittee and can appoint members of the public, in addition to any members of the General Assembly.

The subcommittee will be tasked with studying whether a certified nurse midwife should be allowed to practice midwifery in collaboration with, rather than under the supervision of, a licensed physician engaged in the practice of obstetrics.

The subcommittee will submit a final report of its findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services no later than April 1, 2014, with the Committee submitting a final report to the 2014 Regular Session of the 2014 General Assembly by May 15, 2014.

House amendments make the following changes to the 3rd edition.

Amendment #1 clarifies that subsections (a) and (b) of Section 5 of this act only become effective if there is an appropriation of funds by the Current Operations and Capital Improvement Act of 2013from the General Fund to the NC State Education Assistance Authority.

Amendment #2 provides the following eligibility requirements in GS 115C-112.3 for parents to receive reimbursement for tuition and special education and related services: (1) parents must provide documentation that the student was enrolled in a nonpublic school for no less than 75 days of the the semester for which the parents seek reimbursement, (2) parents may only receive reimbursement for related services provided to home-schooled students if they provide documentation that the student received related services for no less than 75 days of the semester for which the parents are seeking reimbursement. Also requires parents to submit confirming documentation, including receipts, at the end of each school semester to demonstrate the costs incurred during the semester.

House committee substitute makes the following changes to the 2nd edition.

Amends GS 115C-238.29H(b) to restrict the transfer of revenue derived from supplemental taxes only to a charter school located in the tax district for which the taxes are levied and in which the student resides, if the language on the ballot when the supplemental tax was approved by the voters specified that the supplemental taxes were only to be levied for students attending schools in that specific tax district (was, unconditionally repealed the restriction on transferring supplemental tax revenue outside of the tax district, which allowed funds to follow the student).

Provides that Section 1 of this act, which includes allowing for the awarding of attorneys' fees inactions to enforce the provisions of subsection (b) of GS 115C-238.29H, applies to any judgment entered after the effective date of this act.

Current lawrequires that the uniform budget format for local school administrativeunits (LEAs)consist of (1) the State Public School Fund, (2) the local current expense fund, and (3) the capital outlay fund.Current law also allows the use of other funds to account for a varietyof reimbursements. Amends GS 115C-426(c) todelete provisions for the use of other funds to account for reimbursements and to provide that other funds may only be used if necessary to comply with a requirement by a donor that the LEA provide an accounting for trust funds and federal grants restricted as to use.

Amends the bill title.

House Amendment #2 makes the following changes to the 2nd edition of the bill as amended (Amendment #1 adopted 05-14-2013):

Amends GS 108D-29 by adding a new subsection (h) requiring mediation prior to a hearing for a contested case filed under this section. Under subsection (h), the Office of Administrative Hearings (OAH) must immediately notify the Mediation Network of North Carolina upon receipt of a request for an appeal; the Mediation Network must contact the recipient within five days to offer mediation which, if accepted, must be completed within 25 days of the appeal request. If the mediation is successful, OAH must dismiss the case; OAH cannot conduct a hearing on a contested case unless the mediator notifies OAH that the mediation offer was rejected, mediation was unsuccessful, or the petitioner failed to appear at mediation.

Amendment #2 also reletters the remaining subsections of GS 108D-29 and makes technical changes to GS 108D-27(e) and -28(e).

House committee substitute makes the following changes to the 2nd edition:

Deletes Section 9 of the bill which amended GS 166A-19.11 providing authorization to the Secretary of Public Safety to spend up to $2 million available for emergency response prior to a state of emergency declaration.

Renumbers the remaining sections of the bill.

Senate amendment makes the following changes to the 5th edition:

Amends GS 143-151.71(7) by deleting subsection (a) (which provided that the definition of tall buildings did not include utility towers or transmission equipment) and renumbering the remaining subsections.

House committee substitute makes the following changes to the 1st edition.

Changes the short and long titles.

Deletes all of the provisions of the 1st edition and makes the following proposed changes:

Amends GS 5A-17, changing the section title to Appeals; bail proceedings, (was, Appeals). Enacts new subsections (b) and (c), providing that in appealing a case where a judicial official has imposed confinement, a bail hearing will be held within a reasonable time period after the imposition of confinement. The judicial official conducting the bail hearing must be (1) a district court judge, if the confinement is imposed by a clerk or magistrate; (2) a superior court judge if the confinement is imposed by a district court judge; or (3) a superior court judge other than the superior court judge that imposed the confinement.  Provides that any person that is found in contempt and who has given notice of appeal cannot be retained in custody for more than 24 hours from the time of imposition of confinement without a bail determination being made by a judicial official as designated above. If the designated official has not acted within 24 hours of the imposition of confinement, any judicial official will act under the provisions above and hold a bail hearing.

Effective December 1, 2013, applying to confinement imposed on or after that date.

House amendment makes the following changes to the 1st edition:

Amends GS 64-6(a) to clarify that the "person" referenced in that section is a person who is not a citizen or national of the United States.

House committee substitute makes the following changes to the 2nd edition.

Amends proposed GS 58-3-192 to remove a licensed clinical social worker from the persons recognized to diagnose autism spectrum disorder and whose diagnosis may serve as a basis for ordering medicalcare or equipment for treatment. Limits required coverage undera health benefit plan for the screening, diagnosis, and treatment of an autism spectrum disorderto individuals 23 years of age or younger. Requires that persons must be diagnosed as having an autism spectrum disorder prior to the age of eight to qualify for required health benefit plan coverage under this section. Provides that coverage for behavioral health treatment under this section may be subject to a maximum benefit of up to $36,000 per year (was, $75,000).

Adds two new subsections, (k) and (l), to GS 58-3-192. Subsection (k) directs the Commissioner of Insurance (Commissioner) to grant a waiver to a small employer carrier as defined in GS 58-50-110(23) from the provisions of this section if the small employer carrier demonstrates via actual claims experience that compliance with this section has increased the cost of the health benefit plan by 2.5% or greater in the premium rate charged to a small employer over the most recent calendar year. Subsection (l) requires the Commissioner to grant a waiver to a health benefit plan issuer that can show that the cost of thehealth benefit plan has increased by1% or greater in the premium rate charged under the plan over the most recent calendar year. Effective October 1, 2013.

Requires the Department of theState Treasurer to submit a report to the General Assembly no later than March 1, 2015, and every March 1st subsequently, on the implementation of coverage underthe State Health Plan for Teachers and State Employees as required under this section. Requires the report to contain: (1) total number of insured persons diagnosed with autism spectrum disorder;(2) total costs of all claims paid out in the previous fiscal year for the coverage required by this section;(3) cost of coverage required under this section per insured, per month;and (4) average cost per insured for coverage of any treatment involving applied behavior analysis. Effective January 1, 2014.

House committee substitute makes the following changes to the 1st edition.

Changes the long title.

Amends GS 20-16.2(c1), providing that when a person who has an alcohol concentration of 0.13 or more (was, 0.08) refuses to submit to a chemical analysis, the law enforcement officer and the chemical analyst must, without unnecessary delay, go before an official authorized to administer oaths and execute an affidavit as to the facts of the arrest and the results of any tests given.

Amends GS 20-17.8 to require ignition interlock systems for all persons convicted of driving with an alcohol concentration of 0.13 or more (was, 0.08 or more).

Amends GS 20-179.3(g5) to provide that an ignition interlock and other restrictions apply to a limited driving privilege when the person had an alcohol concentration of 0.13 or more (was, 0.08 or more).

Amends GS 20-16.2(e1) and GS 20-16.5(p), deleting a requirement for a limited driving privilege in specified circumstances, which required the person applying for limited driving privileges to do so within a specified time period before the effective date of the revocation order.

Deletes proposed changes to GS 20-16.5(g).

Amends GS 20-138.3(d), making a conforming change.

House committee substitute makes the following changes to the 1st edition.

Changes the short and long titles.

Amends GS 58-36-105(b), specifically the provisions regarding the methods for service of process for written notices of cancellations, providing that notice can be given by registered or certified mail (previously, notice by registered or certified mail was required). Establishes that notice of cancellation can also be given by any method permitted for service of process pursuant to Rule 4 of the NC Rules of Civil Procedure.

Enacts new GS 58-2-255, Electronic insurance communications and records, providing the terms and definitions to be used in this section, including communications, delivered by electronic means, insurer, and party. Establishes that when any insurance law or regulation of NC, exempting specified laws and regulations, requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, those requirements will be deemed satisfied if the insurer complies with GS Chapter 66, Article 40. This applies to any communication required or permitted under the insurance laws and regulations of North Carolina or otherwise provided by an insurer in conducting insurance business in North Carolina. Further provides that, notwithstanding other requirements:

(1) All communications required under the insurance laws and regulations of North Carolina to be delivered by a specific delivery method may be delivered by electronic means;

(2) All records that an insurer is required to maintain under the insurance laws and regulations of North Carolina, including any for which the original must be retained, can be retained in electronic form; and

(3) Any communication, which under the insurance laws and regulations of North Carolina must be signed, can be signed electronically.

Provides that delivery in accordance with the above provisions will be considered equivalent to any delivery method required under insurance laws and regulations of North Carolina. Verification of communications delivered by an electronic means will constitute proof of mailing in any civil or administrative proceedings as well as under any insurance laws or regulations in North Carolina.

Establishes that a recording of an oral communication between an insurer and a party that can be reliably stored and reproduced by an insurer will constitute an electronic communication or record. If a written communication is required, compliance with the above recorded oral communication will suffice for this requirement. Similarly, when a communication is required to be signed, an oral statement in accordance with the above will satisfy this requirement.

 

House committee substitute to the 1st edition makes the following changes. Amends proposed GS 99E-44 to remove the statement that nothing in the act is to be construed to apply to a manufacturer of food. Amends the act's long title.

House committee substitute makes the following changes to the 1st edition.

Deletes the term legal right from the definitions section. Amends the definition for constitutional right, changing it to fundamental constitutional right.

Makes conforming changes, amending section titles and language, replacing any occurrence of "legal right" or "constitutional right" with "fundamental constitutional right."

Amends GS 1-87.4, Nonapplication of foreign law that would violate fundamental constitutional rights, providing that a court, or any other enity or person acting under the authority of state law will not apply a foreign law in any legal proceeding involving, or recognize a foreign judgment involving, a claim for absolute divorce, divorce from bed and board, child custody, child support, alimony, or equitable distribution if doing so would violate a party's fundamental constitutional right.

Enacts new GS 1-87.10, providing that the provisions of this act will apply only to proceedings or matters under GS Chapters 50 and 50A.

House amendment makes the following change to the 2nd edition:

Amends GS 15-11.2(d)(2) to clarify that law enforcement may dispose of a firearm under this subdivision in one of two ways: (1) by sale to a federally licensed firearm dealer or (2) at public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers.

House Amendment # 1 makes the following change to the 2nd edition:

Changes the bill title to conform to changes in the bill by removing the words "and contraceptive."

Deletes Section 1(c) of the bill which amended GS 58-3-178(e) concerning the definition of the term religious employee, and makes technical conforming change to the effective date.

House Amendment # 2 makes the following change to the 2nd edition as amended:

Makes clarifying addition to effective date to provide that the remainder of the act is effective when it becomes law.

House committee substitute makes the following changes to the 2nd edition:

Amends GS 47C-3-113.1(a) to change the upper limit of the executive board's bond to $1 million (was $5 million); amends subsection (b) to change the amount of the management agent's bond to an amount at least equal to the annual budgets of all of the agent's clients with an upper limit of $2 million (was, an amount at least equal to the annual operating budget of the association up to $5 million).

Makes identical changes to GS 47F-3-113.1(a) and (b).

House committee substitute rewrites the 1st edition in its entirety:

Changes the short and long titles of the bill to reflect the changes in the bill.

Deletes all provisions of the 1st edition and instead establishes the Educational Services for Children who are Deaf or Hearing Impaired Task Force.  Membership consists of 20 members with 10 appointed by the Speaker of the House and ten appointed by the President Pro Tempore of the Senate; members represent various stakeholders and agency representatives or are legislators.  Task Force is charged with serving as a resource on the education of children who are deaf or hearing impaired and making recommendations on educational services and must make reports to the General Assembly by March 1, 2014, and January 15, 2015.  Task Force terminates when it submits its final report.

House committee substitute makes the following changes to the 1st edition.

Amends GS 99F-3, GS 99F-4, and GS 99F-5, making technical changes and corrections.

Amends GS 99F-8, expanding the exceptions to GS Chapter 99F, providing that the Chapter does not prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law, or rules of self-regulatory organizations.

 

House committee substitute makes the following changes to the 1st edition.

Changes the short and long titles.

Deletes the provisions of the previous edition in their entirety and makes the following proposed changes.

Creates the Joint Legislative Study Committee on Children's Health and Toxic Chemicals (Committee). Provides that the Committee will include ten members, five to be appointed by each legislative chamber.

Directs the committee to study ways to protect children from the health impacts of toxic chemicals found in children's products. Specifies that the following topics must be included:

(1) Strategies for state agencies to designate chemicals of high concern and to identify priority chemicals from within the list of chemicals of high concern.

(2) Methods for manufacturers of children's products to provide notice when a product contains a priority chemical.

(3) Development of alternatives assessments to identify alternatives that reduce or eliminate the use of and potential for children's exposure to chemicals of high concern.

Directs the committee to submit an interim report to the 2014 General Assembly and a final report, including legislative recommendations, to the 2015 General Assembly.

House committee substitute makes the following changes to the 2nd edition:

Revises GS 143-128.1A(c)(3) to clarify that it is the "anticipated" project budget for which information must be provided, and makes grammatical and clarifying changes to subdivision (c)(5); identical changes made to GS 143-128.1B(d)(3) and (d)(5).

Revises GS 143-128.1C(i) to require a public body to conduct a public hearing on a proposed development contract prior to that body's consideration of the contract; notice of the public hearing must be published in the same notice as advertisement of the terms of the contract as required under subsection (i).

Revises GS 143-128.1C(k)(2) to clarify that the approval requirements of that subdivision apply only to capital leases.